Man on trial for shooting death at Belvidere gas station

BELVIDERE — A verbal altercation led to the 2013 shooting death of Richard Herman, according to testimony revealed today at the start of a trial against Marco Hernandez,

Hernandez, 20, is charged with first-degree murder in the death of Herman, 33, in the parking lot of a Shell gas station located in the 1000 block of North State Street in Belvidere.

Max Cox, a state witness, testified that he accompanied Herman to the gas station to buy gas and beer around 6:30 p.m. on the night of April 21, 2013.

Cox told prosecutors that he witnessed Hernandez shoot Herman in the chest with a handgun at the gas station after a verbal altercation broke out when Cox and Herman were approached by Hernandez and a 22-year-old man named Deontae Murray.

Hernandez recognized Cox from a previous encounter when Cox and his friend, who he referred to as “Toast,” chased Hernandez by car and then on foot down State Street for unspecified reasons.

Cox testified that Hernandez asked Cox if he was one of the men who chased him and Cox responded that he wasn’t. Cox later told defense attorney Paul Augustyn during cross examination that he had lied to Hernandez and was one of the men in the car that followed him down State Street.

Murray and Herman then began arguing, Cox said, and Herman told Murray that he was affiliated with a chapter of the Latin Kings in Joliet. According to Cox’s testimony, Murray then asked Cox if he was “gang banging.”

Cox told Augustyn that he had sold drugs to Murray in the past.

Murray then lifted his shirt to expose a gun tucked into his pants, Cox said, and Herman told Murray to shut up.

Hernandez approached Murray. Cox told prosecutors that Murray gave Hernandez a gun, which Hernandez tucked behind his back while walking to the passenger side of Cox’s car, where Herman was sitting. Hernandez withdrew the gun from his back with his right hand and shot Herman in the chest, Cox said.

Daniel Arevall, a cashier at the Shell station testified that through a window inside the gas station, he saw Hernandez withdraw a gun from behind his back while he approached Cox’s car. Arevall said that he heard the shot fired, but did not see Hernandez fire the shot.

Augustyn attempted to poke holes in the state’s case by arguing that Cox did not see Murray hand a gun to Hernandez because Hernandez was turned away from Cox, who was pumping gas, and blocked his view.

Augustyn also asked Arevall to clarify that he had heard the shot fired but did not see Hernandez pull the trigger.

Arevall said that he had a clear view through the window of the altercation and identified Hernandez as the man he saw approach Cox’s car with a gun.